Boddie et al v. Axiant, LLC

Filing 54

ORDER extending time to answer to second amended complaint re 53 Stipulation filed by Accretive, LLC. Signed by Judge Charles R. Breyer on 6/21/2010. (be, COURT STAFF) (Filed on 6/21/2010)

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MARGARET A. KEANE (SBN 255378) [e-mail] SEBASTIAN L. MILLER (SBN 265793) [e-mail] DEWEY & LEBOEUF LLP 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Accretive, LLC IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) KENYA BODDIE AND RAMONDA CARLOS, ) individually and on behalf of others similarly ) situated, ) ) Plaintiffs, ) ) v. ) ) AXIANT, LLC; ACCRETIVE, LLC; MANN ) BRACKEN, LLP, and DOES 1 through 25, ) inclusive, ) ) Defendants. ) CASE NO.: CV-09-5553 (CRB) STIPULATION AND [PROPOSED] ORDER EXTENDING THE TIME FOR ACCRETIVE, LLC TO ANSWER OR RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT

In consideration of Federal Rule of Civil Procedure 12(a)(4) and pursuant to Federal Rule of Civil Procedure 6(b), the parties hereby stipulate to an extension of time for Defendant Accretive, LLC ("Accretive") to respond to Plaintiffs' Second Amended Complaint ("SAC") to and including Monday, June 28, 2010: RECITALS 1. On March 25, 2010, Plaintiffs filed their SAC alleging violations of the Worker

Adjustment and Retraining Notification Act (the "WARN Act"). 2. 3. On April 12, 2010, Accretive filed a motion to dismiss Plaintiffs' SAC. On June 4, 2010, the Court denied Accretive's motion to dismiss the SAC.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER OR RESPOND TO SECOND AMENDED COMPLAINT CASE NO. CV-09 5553 (CRB)

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4.

Pursuant to Federal Rule of Civil Procedure 12(a)(4)(a), Accretive's Answer to

Plaintiffs' SAC is due on June 18, 2010. 5. Plaintiffs' Counsel does not oppose the extension of time for Accretive to file its

Answer to Plaintiffs' SAC. IT IS HEREBY STIPULATED by the parties, by and through their undersigned counsel, that Accretive shall have an extension of ten days, to and including Monday, June 28, 2010, to respond or answer Plaintiffs' Second Amended Complaint. Dated: June 17, 2010 DEWEY & LEBOEUF LLP By: /s/ Sebastian L. Miller Margaret A. Keane (SBN 255378) [e-mail] Sebastian L. Miller (SBN 265793) [e-mail] 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Tel: [phone] Fax: [phone] Attorneys for Defendant Accretive, LLC

Dated: June 17, 2010

HERRON & HERRON By: /s/ Laura Herron Weber J. Wynne Herron (SBN 71192) Laura Herron Weber (SBN 226934) [e-mail] 18360 Sonoma Highway Sonoma, CA 95476 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs Kenya Boddie and Ramonda Carlos
ISTRIC ES D TC AT T

PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated:______________, 2010 June 21

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER OR RESPOND TO SECOND AMENDED COMPLAINT

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